Aneesh Vijayan vs Rajendran
2022 Latest Caselaw 11895 Ker

                                   1
OP(C) No. 2544 of 2022


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR.JUSTICE C.S.DIAS

   WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944

                         OP(C) NO. 2544 OF 2022

   AGAINST THE ORDER/JUDGMENT OS 114/2021 OF I ADDITIONAL MUNSIFF

                         COURT ,NEYYATTINKARA

PETITIONER/S:

     1     ANEESH VIJAYAN
           AGED 30 YEARS
           USHA BHAWAN, VELIVILAAKAM,
           EZHACODE, MALAYINKEEZHU VILLAGE.
           NOW RESIDING IN
           MR GARDENS, NEDUKAD,
           KARAMANA P.O. MANACAUD VILLAGE,
           THIRUVANANTHAPURAM, PIN - 695002
     2     AJEESH VIJAYAN
           AGED 27 YEARS
           USHA BHAWAN, VELIVILAAKAM,
           EZHACODE, MALAYINKEEZHU VILLAGE.
           NOW RESIDING IN
           MR GARDENS, NEDUKAD,
           KARAMANA P.O. MANACAUD VILLAGE,
           -THIRUVANANTHAPURAM, PIN - 695002
           BY ADV M.R.SARIN


RESPONDENT/S:

     1     RAJENDRAN
           AGED 62 YEARS
           ABU BHAWAN,
           KUNTHANIVELIYAMCODE P.O.
           ARUVIKKARA, MARANALLOOR VILLAGE, THIRUVANANTHAPURAM, PIN -
           695512
     2     USHA VIJAYAN
           AGED 47 YEARS
           USHA BHAWAN
           VELIVILAKAM, EZHACODE,
           MALAYINKEEZHU VILLAGE, THIRUVANANTHAPURAM, PIN - 695571

      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2022, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                 2
OP(C) No. 2544 of 2022

                        C.S DIAS,J.
                    ---------------------------
                OP(C) No. 2544 of 2022
                    -----------------------------
       Dated this the 21st day of December, 2022.

                         JUDGMENT

The petitioners desire to get O.S No.114/2021 on

the file of the Court of the Munsiff-I, Neyyattinkara, to

be disposed of out of turn.

2. The petitioners have averred in the original

petition that they are the plaintiffs in the above suit,

which is filed against the respondents to set aside two

sale deeds executed in favour of the respondents. The

petitioners are put to severe hardship due to the acts

committed by the respondents. Hence, the suit may be

disposed of expeditiously.

3. Heard; Sri.M.R Sarin, the learned counsel

appearing for the petitioners.

4. The Code of Civil Procedure, 1908, lays down the

procedure to be followed by civil courts, right from the

OP(C) No. 2544 of 2022

date of institution of a suit till the execution of the

decree.

5. It is trite, the supervisory jurisdiction of this

Court under Article 227 of the Constitution of India is to

be exercised sparingly and in appropriate cases. The

power under this Article casts a duty on this Court to

keep the subordinate Courts and Tribunals within their

bounds of authority and see that they discharge their

functions as per the mandate prescribed under law. But,

that does not mean that this Court is to intermeddle with

the proceedings before the subordinate courts on the

mere asking of a party, that too to dispose of a

proceeding, out of turn, unsettling the cases targeted for

disposal.

6. On going through the pleadings and materials

on record, it is seen that OS No.114/2021 was filed only

on 6.02.2021. It is not discernible from the pleadings

as to whether the respondents have even filed their

written statement in the suit. Therefore, I am of the

view that the suit is only at its nascent stage. I do

OP(C) No. 2544 of 2022

not find any justifiable reason or ground made out in the

original petition to exercise the power of

superintendence of this Court under Article 227 of the

Constitution of India, to issue a direction as prayed for.

It is not for this Court to dictate the time period within

which the suit is to be disposed of because of the high

pendency of older matters before the court below.

Hence, I leave it to absolute discretion and wisdom of

the court below to decide whether the suit is to be

disposed of in precedence to older pending matters.

The original petition is dismissed with the above

observation.

sd/-

Sks/21.12.2022                           C.S.DIAS, JUDGE

OP(C) No. 2544 of 2022


                    APPENDIX OF OP(C) 2544/2022

PETITIONER EXHIBITS
Exhibit P1          THE TRUE COPY OF PLAINT IN THE OS NO.

114/2021 ON THE FILE OF HON'BLE MUNSIFF COURT-I, NEYYATTINKARA Exhibit P2 THE TRUE COPY OF PLAINT IN OS 50/2022 ON THE FILE OF HON'BLE MUNSIFF COURT-I, NEYYATTINKARA Exhibit P3 THE TRUE COPY OF THE PRELIMINARY DECREE IN OS 50/2022 ON THE FILE OF HON'BLE ADDITIONAL MUNSIFF COURT-I, NEYYATTINKARA Exhibit4 THE TRUE COPY OF IA NO. 6220/14 IN OS 50/2022 ON THE FILE OF HON'BLE ADDITIONAL MUNSIFF COURT-I NEYYANTTINKARA Exhibit P5 THE TRUE COPY OF WRITTEN STATEMENT IN OS 50/2022ON THE FILE OF HON'BLE ADDITIONAL MUNSIFF COURT-I NEYYANTTINKARA